Professional Documents
Culture Documents
Era Manuals Data in 2013
Era Manuals Data in 2013
1990s
Zelalem Yirga ADAMU, USA
Key Words: Urban, Land, Lease, Market Value, Modality of Transfer, Revenue, Speculation,
Contract termination, Mortgage, Compensation
Abstract
In the early 1990s, the Ethiopian government launched urban land reforms. While maintaining
public ownership of land of the previous era, Ethiopia has moved towards a system in which
market forces shape the process of land allocation and utilization through the establishment of an
urban land leasehold system.
The aim of this paper is to critically review the limitations and implications of the Ethiopian
urban land lease policy reform since early 1990s. Through reviews and analysis of international
practices in an Ethiopian context, debates and challenges on land lease policies are assessed. The
methodology employed here is a descriptive analysis where the source of the data is mainly
secondary.
The study findings revealed that although the existing Ethiopian government considered urban
land lease tenure as a tool to cure urban challenges, the lease policies have not been formulated
in such a way to meet many of their objectives. The study also revealed that payments for the
duration of the lease are not equal to what the market considered to be the value of the lease. The
principles and practice of getting revenue from increasing land value is not addressed. The tools
initiated to discourage speculators are controversial. Lessees’ right of transferring and pledging
use rights are restricted. The paper concluded that a more harmonized and legitimate urban land
policy framework is needed. To this end, the government legislators should reconsider basic
conceptual problems that have not yet been addressed and solved. So far no attempt has been
made to link the urban development strategy of the government of Ethiopia with land lease
policies in Ethiopia. The outcome of this paper therefore has important implications for
legislators on how urban land lease policy reform is designed
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In developing countries, more than ever urban poverty requires the urgent attention of
policymakers. Unless urban poverty is addressed, continued urbanization will augment urban
poverty and inequality. Likewise, in Ethiopia, as elsewhere in the world, this enormous socio-
economic significance stems from the fact that land is a source of wealth, economic growth,
employment and a source of basic survival of the majority of the population. Evidences show
that prevalent widespread urbanization required prudent and responsive urban land
administration and management. Ethiopia’s total population in 1983 was estimated at 33.5
million and in the past 25 years, the population has reached more than double (81.2 million). It is
expected to be more than double by 2050 (170.2 million) which will make the country the 10th
most populous nation of world (Ministry of Works and Urban Development Report, 2007).
Although there is wide recognition about the role of urban land in conveying sustainable urban
development, there is no clear and universally applicable “blueprint” as to what an appropriate
urban land policy should be in place. Urban land policy for each country is a complex
undertaking and must involve a large number of policies and instruments, carefully orchestrated
to be mutually supportive (Doebelej, 1987). Even if the principle of private ownership is
considered to be largely valid, experience has shown negative consequences of unrestricted
private ownership of land (Deininger and Chamorro, 2002). As a result, public land ownership,
as opposed to private freeholds, became popular, for example, in many former socialist
countries, especially in the 1960s and 1970s (Hong and Bourassa, 2003; Nega, 2005).
Experience has repeatedly shown that in many countries state ownership land has conductive to
mismanagement, underutilization of resources, and corruption (Deininger, 2003).The implication
is that urban land epitomizes the classic conflict between equity and efficiency. The socialization
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The struggle of most socialist countries has been to find a system of tenure that would best
optimize the contraries’ pulls of productivity and social justice. Evidently, leasing public land
has been advocated as a viable land tenure option for former socialist countries and other
transitional economics (Belachew, 2010). In the last few years, in the process of market oriented
land development, giving occupants of state land legal rights and regularizing their possession
became important, along with ensuring that appropriate means are in place for resolving any
conflicts that may arise in the process. It is suggested that provision of land certificate, legalizing
long-term lease and free land right transfer arrangement can effectively assure the existence of
tenure security (Deininger, 2003). It is also presumed that leasing public land may lessen tension
between communists’ (or socialists') desire to uphold public land ownership and reformists’
demand for increasing private property rights (Nystrom, 2007). China, Vietnam, Poland,
Ukraine, and Ethiopia are some of the typical transitional countries which had accepted and have
implemented land lease policy as the alternative land tenure system (Chengri and Knaap, 2003;
Christie, 2003; Nega, 2005) while leasehold as a form of land tenure is a well known
system applied over one hundred years in Europe (The Development Corporation Amsterdam,
2003).
The right to ownership of rural and urban land, as well as of all natural
resources, is exclusively vested in the State and in the peoples of Ethiopia. Land is
a common property of the Nations, Nationalities and Peoples of Ethiopia and
shall not be subject to sale or to other means of exchange (EPRDF Federal
Constitution 1995 Art 40 (3) pp 13).
At the beginning of the 1990s, prompted by consideration of a free market philosophy, a clear
demarcation between public ownership of land and individual land-use right appeared and for the
first time, an urban leasehold system was introduced in Ethiopia. In 1993, the Ethiopian
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It was against this background that the House of Peoples Representatives has passed a new
revised urban lease holding proclamation in 2011. Under this proclamation, the prevalence of
good governance is assumed to be a fundamental requisite for the development of an efficient,
effective, equitable and well functioning market. At this point, it should be admitted that the
newly enacted proclamation has made some changes and improvements on its predecessors.
However, it also introduced some unusual and contested provisions. The terms for leasehold
arrangements remain somewhat restrictive and remain ambiguous about land tenure security.
Thus, taking the broader debate on urban land lease polices into account, this paper posed a
central discussion question: Is the Ethiopian urban land policy designed as a form of land
holding system to bring tenure security and sustained urban development and governance?
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Following this section, the rest of the paper is structured in the following manner: Part 2
examines land tenure system evolution and theoretical notion of public land lease; Part 3 looks at
research methods including all techniques/ methods adopted for conducting this paper; Part 4
considers results and discussions, and finally part 5 deals with conclusion, policy implications
and recommendations.
State ownership to land has been introduced as a reaction to the negative consequences of
unrestricted private ownership to land by only a few. The concept of state ownership to land has
proven to have many limitations. The dichotomy between economic and social perspectives calls
for multi- disciplinary rigorous analysis. The literature indicates that to minimize the economic
and political conflicts arising from land reforms, public officials in many former socialist
countries have been practicing within a public leasehold system. Supporters of a leasehold tenure
argue that it allows state intervention if the tenant fails to utilize the land or damages it by
mismanagement. They find that unrestricted ownership of land offered by a freehold tenure is
undesirable because it may also result in speculation, fragmentation, underutilization or damage
to the land by irresponsible farming practices.
Leasehold tenure has by in large become the dominant form of land tenure. It is believed that
leasing public land may lessen the tension between the communist’s desire to uphold public land
ownership and the reformists’ demand for increasing private property rights (David, 2000; Hong
and Bourassa, 2003). If existing institutions can credibly commit to lease contracts, giving users
secure, transferable, long-term lease rights will permit the realization of most, if not all, of the
investment benefits associated with higher levels of tenure security. In these cases, the award of
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Many scholars have suggested that public leasehold systems have advantages. In general, the
reasons for adopting public land leasing is classified as financial, urban planning and financial
instruments reasons that are presented below:
Financial reason: One of the advantages of retaining land in public ownership is the
appropriation of future land price increases by the public and distributing it to society. When a
municipality grants the use of land under a leasehold system, it reserves the right to claim a
substantial proportion of future increments in the capital value of land at the end or in the
middle of the contract. There are social benefits because the income generated by the leaseholds
can be invested in urban projects that are beneficial for all citizens (The Development
Corporation Amsterdam, 2003; Hong and Bourassa, 2003).
Planning tool reasons: In principle, public leasehold systems allow the government to manage
urban growth by incorporating land use regulations into land leases. If lessees do not develop
their land according to the lease provisions, the government has the right to take back the land, a
contractual right not available to the government when land is privately owned. Public leasehold
systems indirectly permit the government to control the undesired expansion of the city. The
leasehold system also does away with speculation and the non-transparent system (corruption)
of plot allocation. This is accomplished by charging the extra profit made in the case of an
undeveloped land transaction, designing a proper institutional set up for the disposal of land
(using mainly an auction system) and discourages those land speculators and government
officials of the past who benefited from public sector land allocation (Needham, 2003; Hong
and Bourassa, 2003).
Financial instrument: In other cases, public ground leases may be used as a financial
instrument to ease the way into home ownership. The urban problems related to water supply,
sewerage, housing and other social and economic infrastructures are priorities to be addressed
through the leasing of land in the city. Today, ground leases serve mainly as a financial
instrument for building projects which are assumed to provide principal importance to society
with low or free rent (Virtanen, 2003; Lincoln Institute of Land Policy, 2003).
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Although the above mentioned reasons for leasing are persuasive in principle and at a policy
level, empirical studies have shown that governments fail to achieve these policy goals in
practice. This does not mean countries which have leasehold systems cannot achieve all the
objectives mentioned above. For instance, study by Chengri and Knaap (2003) demonstrated that
China’s urban land policy reforms promoted the development of land markets, enhanced the
fiscal capacity of local governments, and accelerated the advancement of market socialism.
However, the same study has shown that the government lacks the ability to capture its share of
rents as they increase over time. There are still non-transparent systems of plot allocation
through administrative channels. This causes price distortions and large losses of local
government revenues.
A study conducted by the Lincoln Institute of Land Policy (2003) discusses and compares land
leasing experiences from six countries around the world (Canberra, the Netherlands, Sweden,
Finland, Israel and Hong Kong). The study reported that among all of the systems, Hong Kong
was the most financially successful: the proceeds were more than enough to cover the cost of
public works and land development. The revenue generated helped finance public infrastructure
and improve many social services. More importantly, the money collected from leasing is not a
substitute for property taxes in Hong Kong (Hong, 1999). The public leasehold systems in the
Netherlands, Sweden, and Finland also generated public funds, but the lease revenue played a
much smaller role in those countries while the Canberra leasehold system has not generated
significant public funds.
In Ethiopia, the urban lease policy has been considered an important change in the evolution of
the urban land tenure system. In spite of the wide range of legal and institutional reforms
undertaken by the government, the fundamental elements and principles in the process of
enacting policies have not been the same as achieving what the policy intended. In addition, it is
argued that in the absence of a willingness from the majority to promote reform, there are
important issues that are not covered in a revised land lease proclamation. It has been more than
two decade since Ethiopia has experienced an urban leasehold tenure system by passing three
urban lands lease holding laws. Thus, documentation of the urban land lease policies’ limitations
and implications is possible. This paper discusses the background of Ethiopian urban land lease
policies and examines the limitations and implications based on a genesis of the land policies in
the country and through international experiences.
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Policy based documentary analysis research method to assess urban land lease policy
implementation and implication in Ethiopia has had little attention as compared to other methods
because of the dominance of positivism and empiricism and of the popularity of statistics and
quantification in data collection and analysis. Although surveys, in-depth interviews and
participant observation have been tried and tested, they are not the only ones available nor are
they always useful. Understanding the legal basis of urban land lease formulation and
implementation and providing the description of success and failure based on practices and
international experiences is also relevant to improve the prevalent urban leasehold tenure.
Experience has shown that policy based documentary research method provides the most
effective way of gaining the necessary understanding of complex and dynamic policy outcomes.
Therefore, this paper used documentary research method that is often marginalized or when
used, it is only as a supplement to the conventional social surveys (Mogalakwe, 2006).
This paper methodology mainly combined collection and synthesis of existing national and
regional level urban land policies which have been put in to effect at different time as source
materials. Besides, research reports that focus on land lease policies, land laws and other related
documents (published and unpublished materials from national and regional urban land
authority, newspapers, magazines, government and NGO statistics) is used.
The major elements considered in this discussion are: assessing scope of legislative application,
techniques used to transfer urban land, modalities of the lease fee payment, and lessee rights
related to transferring, mortgaging, and getting compensation. The presentation and analysis of
the findings are categorized into six thematic sub-sections. The first section addresses the
assessment of the application of the lease policy and scope. The second section discusses the
modality of land allocation. The third section focuses on the institutional characteristics of the
urban land lease policy as a source of government revenue. The fourth section discusses the
mechanisms of controlling land speculation. The fifth section treats lessee and lessor rights
related to transferring and pledging leasehold rights. The final section deals with patterns of the
lessor and lessee interacting during termination of lease and payment of compensation.
Proclamation No. 272/2002 repealed the first law and declared that any urban land held by the
permit system, the lease-hold system, or by any other means prior thereto should be under lease
system . The proclamation is intended to meet the ever increasing demand for land, reduce unfair
allocation of land and control illegal settlements. However regional governments did not have
the expertise nor the long term management skills required to carry out the policy. It is only
small part of cities that have cadastral map, so the functions of local government regarding urban
land proved to be slow in identifying type of land use. In practical terms, no systematic tool was
used to convert all urban lands to leasehold system.
The newly enacted proclamation No. 721/2011 has emphasised that any urban land which has
not been under leasehold system shall be permitted to be held only by lease system (Art.3).The
mechanisms and the time framework about modality of converting old possessions into
leaseholds have not been clearly specified. The proclamation states that it will be determined by
the Council of Ministers on the basis of a detailed study to be submitted by the Ministry;
provided, however, that the process of such study may not preclude a revision of the existing
rental rate applicable to old possessions. In Ethiopia, the national Ministry of Works and Urban
Development (MWUD) in collaboration with regional and cities land administrations is vested
with the power of conducting a study in order to make a determination on how old possessions
shall be converted to lease by the Ministry.
The newly enacted Proclamation No. 721/2011 has addressed important issues that are not
covered in previous lease policies such as: failure to push permit holders to make annual rent
payments for use rights, the absence of formalizing informal tenure, and consolidation of the
permit and leasehold tenure systems. The intent is to create uniformity of the informal settlement
of the old possessions with the new, consolidated leasehold system. The new proclamation
clearly states that lease payments are provided when informal land settlements are unified with
old possessions and are merged with newly leased lands. The effect of transfer of land right or
the status of a landholding, in the event of the above two situations, is a “lease benchmark price”
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Concerns of the general public are why old possessors should pay for their holdings while the
permit system is converted into the leasehold system. What is the rationality behind limiting the
duration of urban land use rights of those who have no time limit on use is also another debatable
issue (Daniel, 2011).
Theoretically, uniform land policies and administration can contribute significantly for building
transparent and accountable land administration system. In this sense, emphasis given by the
government on regularity of urban-land holding system should be appreciated. The course of
regularizing and converting old and other possessions into leaseholds may result in a reduction or
increase of the size of household plots. In such cases, compensation shall be paid to landholders
whose land is reduced. The payment will be made to those landholders for additional land
obtained. This is treated so it conforms to the relevant lease principles established (Art 6).
Therefore, the implementation of the new lease policy is expected to achieve equitable allocation
of urban lands.
Table 1: Modality of Urban Land Transfer Under the Lease Holding System since 1993
The first lease Proclamation 80/1993 stipulates that urban land shall be permitted to be held by
leasehold; and only through tender or auction (Art 5). There may be exceptional circumstances
1
The threshold price shall be determined by taking into account the cost of infrastructural development, demolition
cost, sand compensation provided to displaced persons in the case of built up areas, and other relevant factors.
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Proclamation No.721/2002 that repealed the first lease law provided three alternatives land
allocation: auction, negotiation and allotment. In principle, this proclamation has potential to
improve the urban land delivery system, ensure rapid urban development, and provide equitable
benefits to citizens, thereby ensuring the sustainability of the country's development.
Unfortunately, this practice offered inadequate results leading to failure rather than success. In
practice, negotiation became the dominant form of land transfer. This method of land transfer
failed to provide municipalities and cities the ability to collect adequate and proper fees because
of personal interests and corruption. Such experiences led to the newly enacted proclamation that
clearly declares that all urban land areas shall henceforth be transferred either by auction or
allotment, suspending negotiation as means of modality. As per the objective of the lease policy,
it is believed that by prohibiting allocation of land through negotiation, it is possible to
discourage corrupt public officials seeking to personally benefit from illicit transactions at the
expense of the people.
Allotment of urban land may, upon decisions of the government authorities of region or the city
administration, be permitted for development activities that benefit the public since 1993.
However, a number of significant issues are currently arising in practice regarding what
constitute development activities that request for urban land lease holding through allotment. The
previous lease proclamations declared that the rate of rent payable for urban lands granted
through allotment shall be low. However, there is no direction or regulation directly stating what
a “low payment” means. The preceding laws did not provide regulation to describe activities in
which lease payments would be low. In this regard, the new proclamation seems to have taken
the previous challenges into consideration.
Proclamation No. 721/2011 provides detail lists that can request for urban land lease holding
through allotment. Under this law, except urban land holdings granted by allotment for two
entities, the budgetary government and religious institutions, all other users of the land allotment
were assigned administratively to public agencies or state-owned enterprises. These institutions
are required to pay land use rent as those granted use rights through auction. It is noted that a
budgetary government entity or religious institution provided with an urban land allotment will
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One of the basic rationalities for the Ethiopian government to adopt land lease tenure system is to
give land market value, which in turn enables the government to collect adequate revenue.
However, the principles and practices of setting up ground rent and payment arrangement create
controversies that require further solutions.
In a number of countries, ground rental rates are determined by a variety of processes, mainly
administrative, legislative prescription, executive decision, precedent or customary valuation
practice and negotiation. In some other countries the setting of ground rental rates seems to be
partly politically or administratively determined. This is particularly so where negotiations are
not really open to market forces or effective challenge and independent determination (Jefferies,
2005). International experiences indicate the prevalence of an increasing pressure world-wide to
deregulate government institutions and to let market forces set price for the use of capital. This
means, pressure will be exerted to remove ground rentals from administrative or prescribed
formulae to market based determinations. It is clear from the literature to contemplate that the
rental stream should be a ‘mark-to-market rental stream.
In Ethiopia, it is impossible to set lease price by reference to the market condition of the land
since land sale has been prohibited by law. The practice shows that allocating urban land through
auction is used as a mechanism to give land market value. The experience reveals that the
practice of offering lease tender and land delivery system does not reflect the prevailing
transaction value of land. One of the problems is associated with basis of selecting the winner.
The highest bidder is selected based on various parameters such as bid price, amount of down
payment and duration of payment. This implies that even if the bidder has not provided highest
bid price, he or she has a possibility to be a winner based on other criteria (if weight given to
other basis as selection criterion is high). This implies Ethiopia follow traditional approaches
which seek to replicate the “market” in a normative and hypothetical approach since the process
assumes a willing but not over anxious leaseholder. In general, mechanism to give land market
value through the process of auction is not worked out.
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The principle of up-front payment and of compound interest rate for the unpaid portion is equally
disadvantageous for the investors, especially in the initial phase of their investment. In fact, such
modality of payment is found to discourage the initiatives of any investment (Gerhard Stepper,
2000). Therefore, in Ethiopia, the prevalent simplistic assumptions have created serious negative
consequences. It is necessary to recognize that the method of selecting a winner of urban-land-
lease use should be evaluated in light of achieving the policy objectives. The legislature should
further think about the mechanism of achieving all of the lease policies simultaneously.
One of the advantages of retaining land in public ownership is to have the increase in land values
accrue to the community at large. Calculation of the ground rent, therefore, has a critical bearing
on the success or failure of this endeavor (Mattson, 1995). In many countries, the experience is
that the norm of periodic lease payment is to be indexation provisions or rent reviews to come to
know the open market rental level. This is not the principle and practice in Ethiopia. The highest
bidder is required to make the remaining payment every year, and the yearly payment shall
amount to the average price of the remaining lease payment divided over the period payment.
The practice is that a ground rent is fixed for the whole lease, which in periods of zero inflation
maintained their value. The changes in the land value are not reflected in the lease rent or annual
rental payment. The annual payment is calculated as:
One can argue that the socialist concept of urban land management permitted the acquisition of
land with nominal payments and annual land rent that does not reflect the market value of land.
This is reckoned to have resulted in the sub-optimal use of urban land and competition for the
mere grabbing of urban land by public agencies, individuals, and businessmen. I hope that this
concern will call attention to the possibilities of improving the prevalent problems and therefore
will be a source of inspiration for those who are involved in urban land development and
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In more recent year, there was a directive adopted by Addis Ababa City Administration that
directly discourages land speculation. Addis Ababa City Administration Government Urban
Land Lease Holding Regulation No 29/2010 has established a timetable for investors to start
construction and listed out the consequences if a lessee fails to commence construction within
the period specified in the contract. The regulation clearly states that those investors who cannot
honor this will have their legal document discarded by the city administration and the land will
be returned back to the government. Over 74 investors have recently been forced to give back
plots that covered a total of 52-53,000 square meters to the government.
Whereas there are broader implications on the directive adopted by Addis Ababa City
Administration, the newly enacted Urban Lands Lease Holding Proclamation No. 721/2011
gives details of punishments. To encourage timely land development and prevent land
speculation, the newly proclamation sets out the consequences of what would be happening if a
lessee fails to commence construction according to the contract. From the legislator and
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The newly enacted proclamation is now at the centre of an intense debate. The tools adopted to
combat speculators have reflected the difficulties in creating simple but nonetheless acceptable
principle. It is argued that imposing penalty on lessee would not have any rationality, unless the
government supplies full serviced land, basic infrastructure and social services. Monetary
measure may not be realistic to address the real problem of delaying construction. The majority
of lessees delay construction perhaps not because of their speculation mentality; it may rather be
due to their financial capability that could be accelerated due to the existence of underserviced
land. The regularizing of such punishment on a large scale may have serious negative
consequences which have so far not been fully acknowledged (Daniel, 2011)
The idea behind mentioning property taxation is to describe how the existing rate of land and
building tax has attracted land speculation. In Ethiopia, it is found that property taxes across
cities are very low and the collecting mechanism is extremely weak. This has highly contributed
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Ethiopian urban lease proclamations have shown that there are provisions that limit or restrict
free transferability of lease rights. Any person who acquires the right to hold urban land on lease
may transfer such right to contribute in the form of a share to the extent of the rent paid. In
implementation, a lessee may not transfer his right of lease but may collect income which is
higher than the rent of land he paid. When the lessee collects an income higher than the rent he
paid, he has the duty to pay the difference to the city administration or municipally.
Analysis of the trend indicated that although the federal and regional lease laws limit the
transferability of lease right, there were no any specific bodies that have been responsible to
follow up and ensure that the seller hands over the difference of rent to town administrations.
Instead, city administration has adopted directives here and there which may prohibit the transfer
of bare land or foundation to discourage land speculation. Well-focused efforts directed at
evolving, explicit and comprehensive financial market development policies have not been made
so far. And those directed at evaluating the impacts of the various policies and strategies of urban
land lease development are reckoned to be inadequate. This has given Banks an opportunity to
estimate the amount of mortgage loan based on their own market analysis. Land use rights have
been used as a commodity to be bought and sold and used as collateral, and restrictions on the
leaseholder have not been considered by lenders. In other words, restriction on transferability of
lease right is only found in the laws.
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In Ethiopia, previously there was no clear indication that states what the maximum or minimum
amount leaseholders may get if a leaseholder wishes to transfer or collateral their leasehold right
prior to commencement of construction. Lessees were free to get the full market value resulted
from transferring leasehold right prior to commencement or half-completion of construction.
However, the current enacted proclamation has introduced two new provisions that directly
minimize the interest of speculator.
First, it gives detail of lessee benefits in situation where a lessee wishes to transfer his/her
leasehold right prior to commencement or half-completion of construction. Under the newly
enacted proclamation, if a lessee, with the exception of inheritance, wishes to transfer his
leasehold right prior to commencement or half-completion of construction, he or she shall be
required to follow transparent procedures of sale to be supervised by the appropriate body. This
implies that a lessee is not free to negotiate and get the full market value of transferring his/her
leasehold right prior to commencement or half-completion without the participation of agents
from city or municipality. For example, in the event of transferring leasehold right prior to
commencement or half-construction, the value retained by the lessee equals the effected lease
payment including interest thereon calculated at bank deposit rate plus value of the already
executed construction plus 5% of the transfer lease value. And the remaining balance shall be
paid to the appropriate body. Similarly, where a lessee uses his/her leasehold right as collateral
prior to commencement of construction, the collateral value may not exceed the balance of the
lease down payment after considering possible deductions to be made.2 That is, if a lessee
defaults and a claim, supported by a court execution order, on the collateral is presented, the
appropriate body shall, upon terminating the lease contract, take back the land and settle the
claim to the extent of the balance of the lease down payment after retaining the deductions to be
made.
2
Article 22 ( 3) of Proclamation No. 721/2011 states that the lessee is liable to pay a penalty fee amounting to
seven percent of the total lease price in addition to a lease amount that covers the period from the date he took
possession of the land
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It has been found necessary to develop a proper regulation which facilitates the development of
land and discourage lessees who are waiting for land prices to increase and sell their leasehold at
a profit. But a great deal of care is needed to ensure that considering monetary punishment action
to achieve what it is intended to achieve. In many leasehold tenure systems, unless the lessees
have secured a way of transferring land use rights at any time and entitled to receive full market
value of transferred rights, they may hesitate to invest in land development. Without secure land
rights there can be no credit market and sustainable development.
Theoretically, providing reasonable guarantee for the condition of leasehold right in terms of
termination of leasehold has a vital importance for the people to accept lease agreement. Lease
holding right may be terminated for good reasons; the state has no right to revoke this right
whenever it wishes. Like any contractual agreement the expiry of the lease contract may be a
reason for termination of the lease hold right. However, unlike lease of housing, the lessee has a
better position. The municipality may not take back the land without giving compensation for
lessee even in case of the lease period is not renewed. This approach is well known in different
countries (Netherland, Finland, South Africa).
In Ethiopia, urban land leasehold agreement does not automatically expire at a given point of
time. The lease proclamation also highlighted that, the agreement may not, however, be
cancelled by lessee, only by government. The lease policy stipulates that the period of lease may,
upon the termination thereof, be renewed for the lease-hold possessor as per the agreement to be
reached, unless the urban land is wanted for public interest. The assumption is that unless the
ground is needed for public interest, the municipality shall renew the agreement. The terms of
agreement especially the rent and manner of payment as well as other conditions shall be based
on current conditions. One can clearly see that renewal is the rule. The lease holder must apply
as early as possible to secure his/her rights. The municipality is given a maximum of one year to
notify its decision to the lessee. As regards this, the Ethiopian urban land lease proclamation
provides three basic reasons for the termination of the contract:
1) Where the lease-hold possessor has failed to use the land in accordance with the
contract;
2) Where it is decided to use the land for a public interest; and
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In the first and second case, termination of lease contract is subject to payment of compensation.
If termination is made because the leaseholder fails to use the land in accordance with the
contract, it is subject to payment of compensation. Accordingly, as compensation, the lease
payment shall be returned subject to the deduction of costs incurred and of penalty fee. When an
urban land lease holding is expropriated prior to its expiry date for public purpose, the urban
landholder shall be provided with commensurate compensation3 in accordance with the relevant
law4. In the third case, however, there is no any compensation to be paid. Where the lease period
is not renewed upon termination, compensation shall not be paid to the leasehold possessor.
In most countries, the municipality is obliged to pay lessee the residual value on land, if the
termination of the contract is not renewed. The reason behind protecting the leasehold possessor
is the investments already made on the ground. People may build residential houses, commercial,
agricultural, industrial and so on buildings on the ground, and it would be unjust and unfair if the
government is going to take back the land just to sale it to another person. This would create
insecurity upon leaseholders which would again discourage them from making additional
investments on the ground land they leased. It is also categorically against the interest of the
state, for the demolition and reconstruction of structures is expensive. Secondly, people will not
build good buildings for fear of losing them. In this aspect, the prevalent Ethiopian lease
regulation only emphasizes the rights of the state and undermines those of the leaseholders. In
Ethiopia, although termination of leasehold has not appeared at large so far, considering these
facts and putting clearly the suspicions in advance will protect both parties in the future.
The result reveals that different forms of urban tenure system allowed to co-existing in the
country (permit and leasehold system). Standardized and liberalized urban land market is getting
attention in a newly enacted proclamation, yet the mechanisms and the time framework about the
modality of converting old possessions into lease hold has not be clearly specified. Modalities of
urban transfer are highly characterized by non- market and non- transparent transfers. Currently,
an attempt to improve the leasehold tenure system has been made on modality of land transfer
through adopting auction and modified allotment, which required lease payment as the only
means of transfer.
While one of the main objectives of introducing lease system is to enhance government revenue,
there are simplistic assumptions and formulation on the laws which limit the government to give
land market value and collect adequate revenue. The penalties introduced in the newly enacted
proclamation No. 721/2011, concerning land speculators is simple but not acceptable principle.
Previously, limitations on leasehold transfer and pledging were normative merely written in
proclamations and were known by neither leaseholders nor other stakeholders, as a result were
not practiced on the ground. However, the newly enacted lease law gives high emphasis on
restrictions of leasehold right to transfer prior to commencement of construction and collateral
which is expected to result in negative consequence that have not yet been recognized. The lease
law stipulates that the lessee is not granted compensation in case of non-renewal of lease
contract. This is unfair and unjust; and will create tenure insecurity.
Sustainable development of urban areas is critical to the alleviation of urban poverty. Therefore,
based on experiences from other countries and on the foregoing discussions in this paper, the
following specific recommendations are forwarded:
• All statutes relating to old land possessions which require immediate revision to lease
system should be identified and necessary actions should be implemented
• New normative improvements should not only be written in proclamations, they should
be understood and accepted by all stakeholders.
• “Urban land without value" concept should be abolished and replaced by a free land
market value. So, the lease policy should turn land from a timeless and costless resource
into formally exchangeable commodity with both cost and time limit.
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BIOGRAPHICAL NOTES
Zelalem Yirga Adamu is an Assistant Professor at the Institute of Land Administration, Bahir
Dar University, Ethiopia. He has BA in Economics from Bahir Dar University and MSc in Land
Management with major in built environment from the Royal Institute of Technology (KTH),
Stockholm.
Contact Address 12301 Treetop Dr Apt # 23, Silver Spring, Maryland (MD) 20904, Mobile:
202-569-1956, E-mail: bagio1992@yahoo.com, Web: www.ila.edu.et
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Zelalem Yirga Adamu (USA)